Decree No. 10/2012/NĐ-CP provides detailed regulations on the implementation of judicial educational measures at commune, ward, town level for juvenile offenders.

DECREE

Regulations on the implementation of educational judicial measures at communes, wards, towns for minors who have committed crimes

This Decree stipulates the subjects, procedures, and formalities for implementing educational judicial measures at communes, wards, towns for minors who have committed crimes; rights and obligations of those subject to educational measures at communes, wards, towns; responsibilities and authorities of agencies, organizations, and individuals in implementing educational measures at communes, wards, towns for minors who have committed crimes.

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Criminal Code of 1999; Law Amending and Supplementing Certain Articles of the Criminal Code of 2009;

Considering the proposal of the Inspectorate Chief of the Ministry,

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to minors who have committed crimes and are decided by the Court to be subject to educational measures at communes, wards, towns (referred to in this Decree as the person being educated), agencies, organizations, and individuals related to the implementation of educational measures at communes, wards, towns for minors who have committed crimes.

Article 2. Applicability

Article 3. Calculation of the term of execution of educational measures at communes, wards, towns for minors who have committed crimes

The term of execution of educational measures at communes, wards, towns for minors who have committed crimes shall be calculated from the day the person being educated appears at the People's Committee office of the commune, ward, town (collectively referred to as the People's Committee at the commune level) or designated social organization or school to hear the announcement regarding the implementation of educational measures at communes, wards, towns.

Article 4. Principles of implementing educational measures at communes, wards, towns for minors who have committed crimes

1. The implementation of educational measures at communes, wards, towns for minors who have committed crimes must comply with the provisions of criminal law and enforcement of criminal penalties to supervise, educate, and assist the person being educated to correct mistakes, develop a sense of compliance with laws and community rules, and become a useful member of society.

2. Ensuring the participation of agencies, organizations, individuals, and families in supervising, educating, and assisting the person being educated.

3. Strictly prohibiting any acts that infringe upon the life, health, reputation, dignity, rights, and legitimate interests of the person being educated.

Article 5. Funding for the implementation of educational measures at communes, wards, towns for minors who have committed crimes

1. Sources of funding for the implementation of educational measures at communes, wards, towns for minors who have committed crimes include:

a) State budget according to the current state budget classification;

b) Funding from national target programs as prescribed by law.

2. Management and use of funds shall be carried out in accordance with the Law on State Budget and guiding documents.

c) Contributions from organizations and individuals according to the law.

PROCEDURES FOR IMPLEMENTING EDUCATIONAL MEASURES AT COMMUNES, WARDS, TOWNS FOR MINORS WHO HAVE COMMITTED CRIMES

Chapter II

Article 6. Announcement of the implementation of educational measures at communes, wards, towns for minors who have committed crimes

1. Within three working days from the date of receipt of the judgment or decision on the application of educational measures at communes, wards, towns for minors who have committed crimes, the Criminal Enforcement Agency of the provincial police must transfer copies of the judgment or decision of the Court to the People's Committee at the commune level, designated social organizations, or schools responsible for supervising and educating the person being educated. In cases where a social organization or school is designated to supervise and educate the person being educated, the Criminal Enforcement Agency of the provincial police must also send copies of the judgment or decision of the Court to the People's Committee at the commune level where the person being educated resides for management, monitoring, and directing the implementation of educational measures at communes, wards, towns for minors who have committed crimes in accordance with Clause 3 of Article 113 of the Law on Criminal Enforcement and this Decree.

If the person being educated has changed their place of residence, the Chairman of the People's Committee at the commune level will check, verify, report to the Criminal Enforcement Agency of the provincial police to handle the transfer of the judgment or decision of the Court applying educational measures at communes, wards, towns to the new place of residence of the person being educated for implementation in accordance with Clauses 3 and 4 of Article 11 of this Decree.

2. Within five working days from the date of receipt of the judgment or decision on the application of educational measures at communes, wards, towns, the Chairman of the People's Committee at the commune level or the head of the designated social organization or school principal must convene the person being educated and invite their parents or guardians, or the person directly assigned to supervise and educate them to the office to announce the implementation of educational measures at communes, wards, towns; responsibilities and authorities of agencies, organizations, social organizations, schools, persons assigned to supervise and educate; rights and obligations of the person being educated, and require the person being educated to make a commitment to comply. In cases where the person being educated cannot read, their parents or guardians will write on their behalf. The commitment of the person being educated must be confirmed by their parents or guardians. The announcement must be recorded in a protocol, filed in the implementation file, and reported to the Criminal Enforcement Agency of the provincial police.

3. In cases where the person being educated absconds, the Chairman of the People's Committee at the commune level reports to the Criminal Enforcement Agency of the provincial police to issue a decision to search and organize the search. When discovering the person being educated who is being searched, agencies, organizations, individuals, and families have the responsibility to inform the nearest police authority. Upon receiving the person being educated, the receiving agency must record it in a protocol and immediately deliver the person being educated to the Criminal Enforcement Agency of the provincial police where the person being educated absconded to notify the Criminal Enforcement Agency of the provincial police that issued the search decision to receive and return the person being educated to their place of residence to continue compliance.

3. In the case where the person under education absconds, the Chairman of the People's Committee at the commune level shall report to the criminal enforcement agency of the public security organ at the district level to issue a decision to search for and organize the search. When discovering that the person under education who has absconded is being searched for, organizations, individuals, families have the responsibility to inform the public security organ or the nearest authority. Upon receiving the person under education, the receiving agency must prepare a record and immediately transfer the person under education to the criminal enforcement agency of the public security organ at the district level where the person under education absconded to notify the criminal enforcement agency of the public security organ that issued the search decision to come and take the person under education back to their place of residence to continue serving.

Article 7. Establishment, management of execution files and monitoring progress of persons under education

1. The execution file and monitoring progress of persons under education include:

a) Personal record of the person under education;

b) Copies of judgments or decisions;

c) Copies of court judgments or decisions;

d) Minutes of notifications on the implementation of educational measures at commune, ward, town for juvenile offenders;

đ) Decisions of the People's Committee at the commune level or social organizations or schools assigning persons directly supervising, educating, and assisting the person under education;

e) Commitment to correct violations by the person under education, with confirmation opinions from their parents or guardians;

g) Minutes of meetings for review held by the People's Committee at the commune level, social organizations, or schools responsible for supervision and education;

h) Monthly reports and comments from persons directly supervising, educating, and assisting regarding compliance with laws and obligations of the person under education;

i) Monthly reports from the person under education about their study, work, training, self-cultivation, and progress;

k) Self-review reports (once every three months) by the person under education, with comments from those assigned to supervise and educate them;

l) Statements of the person under education (if applicable);

m) Documents related to absence from place of residence and changes in place of residence of the person under education as stipulated in Articles 10 and 11 of this Decree (if applicable);

n) Court decisions terminating the period of implementing educational measures at commune, ward, town for juvenile offenders if such termination occurs;

o) Certificates confirming completion of educational measures at commune, ward, town for juvenile offenders;

p) Other relevant documents (if applicable).

2. The Head of the Police Station at the commune level establishes the initial file, including the documents specified in points a, b, and c of Clause 1 of this Article, and transfers them to the People's Committee at the same level, social organizations, or schools designated to supervise and educate for management, monitoring, organizing implementation, and continuing to supplement the documents specified in points d, đ, e, g, h, i, k, l, m, n, o, p of Clause 1 of this Article.

3. Management, exploitation, and utilization of execution files and monitoring progress of persons under education shall be carried out according to regulations on file work of the Ministry of Public Security.

Article 8. Supervision and Education System for Persons Under Education

1. The Chairman of the People's Committee at the commune level, heads of social organizations, and Principals of schools assigned to supervise and educate decide on the assignment of persons directly supervising, educating, and assisting the person under education. The person directly supervising, educating, and assisting must have good moral character, knowledge, and skills in social work, pedagogy, or necessary knowledge about the psychology and physiology of juveniles. At the same time, one person may be assigned to supervise, educate, and assist multiple persons under education but must ensure that each person under education has one person directly supervising, educating, and assisting. In cases where the person assigned to supervise and educate can no longer provide assistance, the People's Committee at the commune level, social organizations, or schools assigned to supervise and educate must promptly assign another person to replace them.

Community members with prestige, conditions, capabilities, and experience in managing, educating, and assisting offenders and law violators have the right to register and propose to the Chairman of the People's Committee at the commune level, heads of social organizations, or Principals of schools to consider and decide on the assignment of tasks to directly supervise, educate, and assist persons under education.

2. Based on the duration of application, nature, degree of criminality, background, health, gender, age, educational level, family circumstances, living environment of the person under education, the Chairman of the People's Committee at the commune level, head of social organizations, or Principal of schools and the person assigned to supervise and educate develop plans and propose appropriate supervision, education, and assistance measures.

3. The People's Committee at the commune level, social organizations, schools, and individuals assigned to supervise and educate have the responsibility to coordinate with grassroots community units and families, regularly meet, educate, encourage, understand the thoughts, wishes, difficulties of the person under education to find ways to help; propose relevant authorities to create conditions for the person under education to study, seek employment, stabilize their life; guide and assist in completing registration procedures for permanent residence, temporary residence, notification of stay, temporary absence declaration, issuance, replacement, or reissue of Identity Cards, issuance of criminal records, legal aid; guide compliance with laws, local regulations, and exercise rights and fulfill obligations of the person under education; detect, prevent, and handle promptly when the person under education continues to commit law violations.

4. Once a month, agencies, social organizations, schools, and persons assigned to supervise and educate have the responsibility to report to the Chairman of the People's Committee at the commune level on the results of supervision, education, and assistance to the person under education.

5. Every three months, the Chairman of the People's Committee at the commune level, heads of social organizations, and Principals of schools designated to supervise and educate the person under education report to the Criminal Enforcement Agency of the Public Security Department at the district level on the situation, results of implementation, and supervision, education, and assistance to the person under education.

Article 9. Organizing a meeting to review the person under education

1. Within seven working days from the date of receiving the notification on organizing the implementation of educational measures at commune, ward, town for minors who have committed crimes, the People's Committee of the commune, social organizations, schools, and the person assigned to supervise and educate must convene a meeting with the person under education at the grassroots community where the person resides to review the person under education. In cases where the person under education is under sixteen years old, their parents or guardians must be invited to attend the review meeting. If the parents or guardians are absent despite being invited twice or more times without a valid reason, the review meeting will still proceed and note the absence of the parents or guardians in the meeting minutes.

The person under education must read aloud their self-criticism and commitment to correct their mistakes themselves. If the person under education cannot read, their parents or guardians must read it on their behalf. Representatives attending the meeting analyze the person under education's mistakes and provide constructive opinions, encouragement, and assistance to help them improve. Depending on the specific case, the meeting can be held privately or publicly as appropriate, and representatives from relevant agencies and organizations at the grassroots level such as the Vietnam Fatherland Front Committee, Ho Chi Minh Communist Youth Union, Women's Association, Farmers' Association, Veterans' Association, Commune Police Station, grassroots residential area representatives, and family members may be invited to attend the meeting.

2. During the period of implementing educational measures at commune, ward, town, if the person under education does not genuinely progress, commits acts violating laws or obligations stipulated in Article 15 of this Decree, has been warned but continues to violate without reaching the level requiring criminal responsibility pursuit, then the People's Committee of the commune, social organizations, or schools and the person assigned to supervise and educate must continue to organize a meeting at the grassroots community to review the person under education and take appropriate management, educational, and assistance measures.

If the person under education frequently violates rules, has been reviewed and educated three or more times within twelve months, and still refuses to correct their behavior, does not progress, and continues to commit acts violating laws without reaching the level requiring criminal responsibility pursuit until the end of the educational period at commune, ward, town, then the Chairman of the People's Committee of the commune must establish a file, report, and propose the competent authority to apply other administrative handling measures according to the law on administrative violations.

3. The contents of the review meetings must be recorded in minutes, kept in the execution file, and reported to the Criminal Enforcement Agency of the County Police.

Article 10. Traveling and Absence of the Person Under Education at Place of Residence

1. The person under education may be absent from their place of residence if there is a legitimate reason. The time spent away from the place of residence counts towards the period of implementing educational measures at commune, ward, town, but the total time of absence from the place of residence shall not exceed one-third of the duration of applying these measures and must comply with the following provisions:

a) In cases where the person under education is absent from their place of residence for up to thirty days, they must report to the person directly assigned to supervise and educate about the reasons, duration of absence from the place of residence, and the destination of residence;

b) In cases where the person under education is absent from their place of residence for more than thirty days but less than three months, they must submit a written request detailing the reasons, duration of absence from the place of residence, temporary residence location (for those under sixteen years old, the consent of their parents or guardians is required), and directly report to the person assigned to supervise and educate. Within three working days from the date of receipt of the request, the person directly assigned to supervise and educate must examine and issue a written opinion on whether to agree or disagree with the person under education's absence from the place of residence and notify the person under education.

2. The person directly assigned to supervise and educate must promptly report to the People's Committee of the commune where the person under education resides about the person under education's absence from the place of residence as stipulated in Clause 1 of this Article so that the People's Committee of the commune can inform in writing the People's Committee of the commune where the person under education temporarily resides or stays to coordinate in managing and educating the person under education. If violations are discovered, the Chairman of the People's Committee of the commune where the person under education temporarily resides or stays must promptly inform in writing the Chairman of the People's Committee of the commune where the person under education resides.

3. Before leaving the place of residence, the person under education must declare temporary absence to the Police Station of the commune, ward, town where they reside. Immediately upon arrival at the place of temporary residence or stay, the person under education must register their temporary residence or stay with the Police Station of the commune where they are staying according to the law on residence. Upon completion of the temporary residence or stay period, confirmation from the Police Station of the commune where the person under education stayed must be obtained regarding the duration of temporary residence or stay and compliance with local policies, laws, and regulations.

4. Within three working days from the date of returning to the place of residence, the person under education is responsible for directly reporting to the person assigned to supervise and educate, assist, and appearing at the office of the People's Committee of the commune, social organization, or school designated to supervise and educate to continue implementing educational measures at commune, ward, town at the place of residence.

5. The time the person under education is absent from their place of residence due to violation or absence without reporting or without the consent of the person directly assigned to supervise and educate as stipulated in Clause 1 of this Article shall not be counted towards the period of implementing educational measures at commune, ward, town.

Article 11. Change of Place of Residence for the Person Under Education

1. In cases where the person under education changes their place of permanent residence registration or has legitimate reasons such as attending school or having stable employment requiring temporary residence in another locality for three months or more, the person under education must submit a request letter clearly stating the reason, the intended place of permanent or temporary residence, and include opinions from social organizations, schools, and the person directly responsible for supervision and education (for those under 16 years old, additional opinions from parents or guardians are required), to be sent to the Chairman of the People's Committee of the commune where the person under education resides.

2. Within three working days from the date of receipt of the request letter from the person under education, the Chairman of the People's Committee of the commune must review and report to the Criminal Enforcement Agency of the Public Security Department at the district level.

3. In cases where the person under education changes their place of residence within the administrative boundaries of a district, urban district, town, or provincial city, the Criminal Enforcement Agency of the Public Security Department at the district level shall handle the transfer procedures of the file on the implementation of educational measures at the commune, ward, or town for juvenile offenders to the People's Committee of the commune where the person under education intends to reside permanently or temporarily during their study or work period to continue implementing the measures.

4. In cases where the person under education changes their place of residence outside the administrative boundaries of a district, urban district, town, or provincial city, the Criminal Enforcement Agency of the Public Security Department at the district level shall handle the transfer procedures of the file on the implementation of educational measures at the commune, ward, or town for juvenile offenders to the Criminal Enforcement Agency of the Public Security Department at the district level where the person under education intends to reside permanently or temporarily, and notify the People's Court and the People's Procuracy at the same level.

Article 12. Termination of the Term of Implementation of Educational Measures at Commune, Ward, or Town for Juvenile Offenders

1. When the person under education has fulfilled half of the term of implementation of educational measures at the commune, ward, or town and shows significant progress, they may be proposed for consideration to terminate the term of implementation of educational measures at the commune, ward, or town.

2. The Chairman of the People's Committee of the commune establishes a Council to consider the termination of the term of implementation of educational measures at the commune, ward, or town for juvenile offenders, consisting of: the Chairman of the People's Committee of the commune as the Chairperson of the Council; representatives of agencies or social organizations or schools entrusted with supervision and education as Deputy Chairpersons of the Council; representatives of the Public Security Office at the commune as members; and the person entrusted with the responsibility of supervision and education as the Secretary member.

The Council to consider the termination of the term of implementation of educational measures at the commune, ward, or town for juvenile offenders convenes to hear reports and proposals for terminating the term of implementation for the person under education from representatives of agencies, social organizations, schools, and persons entrusted with the task of supervision and education, members of the Council express their opinions and vote by raising hands, then complete the file and prepare a report document signed by the Chairperson of the Council and transfer it to the Criminal Enforcement Agency of the Public Security Department at the district level.

3. The Criminal Enforcement Agency of the Public Security Department at the district level reviews, verifies, prepares a file proposing the People's Court at the same level to consider terminating the term of implementation of educational measures at the commune, ward, or town for the person under education.

4. Immediately upon the effective legal force of the decision of the competent court regarding the termination of the term of implementation of educational measures at the commune, ward, or town for juvenile offenders, the Criminal Enforcement Agency of the Public Security Department at the district level handles the issuance of a certificate confirming the completion of the implementation of educational measures at the commune, ward, or town for the person under education and sends it to the person under education, the People's Committee of the commune, social organizations, schools designated for supervision and education, and the People's Court that applied the educational measures at the commune, ward, or town for juvenile offenders.

The People's Committee of the commune, social organizations, and schools designated for supervision and education organize the public announcement of the decision to terminate the term of implementation of educational measures at the commune, ward, or town for juvenile offenders and hand over the certificate confirming the completion of the implementation of educational measures at the commune, ward, or town to the person under education.

5. Within five working days from the date of public announcement of the decision to terminate the term and the delivery of the certificate confirming the completion of the implementation of educational measures at the commune, ward, or town to the person under education, the People's Committee of the commune, social organizations, and schools designated for supervision and education must transfer the file on the implementation and monitor the progress of the person under education to the Criminal Enforcement Agency of the Public Security Department at the district level. The transfer of files is recorded in a protocol and the implementation file is retained.

Article 13. Expiry of Education Period at Commune, Ward, Town for Juvenile Offenders

1. Within five working days before the expiry of the execution period of the education measure at commune, ward, town for juvenile offenders, the Chairman of the People's Committee at the commune level, the head of social organizations, and the Principal of the school designated to supervise and educate must issue a written notification, accompanied by the enforcement file and progress report of the person being educated, to be handed over to the criminal enforcement agency of the public security department at the district level to complete the procedures for issuing a certificate confirming the completion of the education measure at commune, ward, town for the person being educated. The handover of files shall be recorded in a protocol and the enforcement file shall be kept on record.

2. On the day the execution period of the education measure at commune, ward, town for juvenile offenders expires, the head of the criminal enforcement agency of the public security department at the district level must issue a certificate confirming the completion of the education measure at commune, ward, town for the person being educated and send it to relevant agencies, organizations, and individuals as stipulated in Clause 4, Article 12 of this Decree.

Chapter III

RIGHTS AND OBLIGATIONS OF THE PERSON BEING EDUCATED

Article 14. Rights of the Person Being Educated

During the execution period of the education measure at commune, ward, town for juvenile offenders, the person being educated has the following rights:

1. Not to be discriminated against or treated differently; to be provided with conditions for labor, study, and living at their place of residence, to be guided in completing temporary absence registration, residence notification, permanent and temporary residence registration, issuance of Identity Card, medical examination and treatment, and legal assistance according to the provisions of the law. When participating in labor, the person being educated enjoys rights and benefits according to the Labor Law and other related laws.

2. If the person being educated does not know how to read and write or has not completed the primary or lower secondary education program, they have the right to request and educational institutions within the national education system have the responsibility to accept them for study and training.

3. To be provided with conditions to find employment; to be considered for support in borrowing capital from social policy banks, local social funds, charitable and humanitarian funds; if the person being educated has particularly difficult circumstances, confirmed by the People's Committee at the commune level where they reside, they may be considered for partial funding support for cultural studies, vocational training, job creation, production, and business operations according to the law.

4. To express their wishes and suggestions to the People's Committee, Public Security Office, social organizations, schools, and persons assigned to supervise and educate regarding the implementation of the education measure at commune, ward, town.

5. If the person being educated falls under the category entitled to preferential social policies according to the law, they shall enjoy such policies according to the law.

6. To be absent from their place of residence or change their place of residence according to the provisions of Articles 10 and 11 of this Decree.

7. To have the right to request consideration for terminating the execution period of the education measure at commune, ward, town. When meeting the conditions and standards prescribed by law, they shall be considered and decided upon for termination of the execution period of the education measure at commune, ward, town.

8. The person being educated has the right to lodge complaints and denunciations against acts and behaviors violating the implementation of the education measure at commune, ward, town according to the Criminal Enforcement Act and this Decree.

Article 15. Obligations of the person under education

1. Strictly comply with state policies and laws, actively participate in labor and study, fully perform citizen duties, local regulations, and internal rules of the place of residence.

2. Accept supervision and education from the authorities, agencies, social organizations, schools, and individuals directly assigned to supervise and educate.

3. Draft a commitment to correct violations, strictly comply with the law, actively fulfill educational obligations, self-cultivation, training, and direct labor, and submit it to the People's Committee of the commune, social organization, and school responsible for supervising and educating. The individual must strictly adhere to their commitments.

4. Monthly report in writing to the individual directly assigned to supervise and educate about the situation regarding study, work, training, self-cultivation, results of correcting violations, and personal progress.

5. Every three months, draft a self-assessment report on the fulfillment of commitments and submit it to the People's Committee of the commune, social organization, and school designated to supervise and educate. The self-assessment report must include comments from the individual directly assigned to supervise and educate. For those under 16 years old, the self-assessment report must also include comments from their parents or guardians.

In cases where the person under education cannot read or write, their parents or guardians shall draft the commitment to correct violations, reports, and self-assessment reports as stipulated in Clause 3 and Clause 4 of this Article.

6. Must be present and comply with requirements at meetings announcing the implementation of educational measures at the commune, ward, town level. Must be present and undergo self-assessment at meetings convened by the Chairman of the People's Committee of the commune, heads of social organizations, principals of schools, and individuals assigned to supervise and educate.

7. In cases of absence from the place of residence, all provisions of Article 10 of this Decree must be fully complied with, and a comment from the police station of the commune where the person under education resides temporarily or stays must be provided to report to the People's Committee of the commune, social organization, school, and individual assigned to supervise and educate.

Chapter IV

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS, AS WELL AS THE FAMILY IN IMPLEMENTING EDUCATIONAL MEASURES AT THE COMMUNE, WARD, TOWN LEVEL FOR YOUNG PERSONS WHO HAVE COMMITTED CRIMES

Section 1

RESPONSIBILITIES OF THE PEOPLE'S COMMITTEE, CRIMINAL EXECUTION AGENCIES OF THE PUBLIC SECURITY ORGANIZATION AT ALL LEVELS IN THE ORGANIZATION OF IMPLEMENTING EDUCATIONAL MEASURES AT THE COMMUNE, WARD, TOWN LEVEL FOR YOUNG PERSONS WHO HAVE COMMITTED CRIMES

Article 16. Responsibilities of Provincial People's Committees

1. Direct and inspect the implementation of educational measures at the commune, ward, town level for young persons who have committed crimes within their jurisdiction. Develop plans to assign tasks to various levels of government, agencies, departments, social organizations, and mass organizations in implementing educational measures at the commune, ward, town level; pay attention to spiritual life, provide material assistance, ensure the effective exercise of children's rights, and help the person under education reintegrate into society.

2. Organize communication, propaganda, and legal education on educational measures at the commune, ward, town level for young persons who have committed crimes; disseminate exemplary experiences and models in the execution of sentences and supervision, education, and assistance to the person under education.

3. Allocate provincial budget according to the State Budget Law; direct and guide subordinate agencies and units and lower-level People's Committees to manage and use funds for implementing educational measures at the commune, ward, town level for young persons who have committed crimes in accordance with the law.

Article 17. Responsibilities of the People's Committee at the district level

1. Direct, guide, inspect the People's Committees at the commune level, departments, agencies, social organizations, mass organizations, and related agencies in implementing educational measures at communes, wards, and towns for juvenile offenders; guide, inspect, urge the reception, management, education, and assistance to persons under education within their local jurisdiction, prevent re-offending and violations of the law.

2. Allocate the district budget in accordance with the State Budget Law; direct, guide subordinate agencies and the People's Committee at the commune level to manage and use funds for implementing educational measures at communes, wards, and towns for juvenile offenders in accordance with the law.

Article 18. Responsibilities of the Criminal Enforcement Agency of the Public Security Force at the provincial and district levels and the Public Security Station at the commune level

1. Responsibilities of the Criminal Enforcement Agency of the Public Security Force at the provincial level:

a) Advise and propose the Director of the Public Security Force at the provincial level and the Chairman of the People's Committee at the provincial level to develop plans, direct, and guide the implementation of educational measures at communes, wards, and towns for juvenile offenders;

b) Direct, guide, and inspect periodically or unexpectedly the implementation of educational measures at communes, wards, and towns for juvenile offenders by the Public Security Force at the district and commune levels; create conditions for persons under education to exercise their rights and fulfill their obligations as prescribed by law;

c) Develop plans and organize training and education on the implementation of educational measures at communes, wards, and towns for juvenile offenders; contents, methods, and skills in supervising, educating, and assisting persons under education within their local jurisdiction;

d) Direct and guide the Criminal Enforcement Agency of the Public Security Force at the district level to report on the situation, data, results, remaining issues, causes, and measures to improve the effectiveness of the implementation of educational measures at communes, wards, and towns for juvenile offenders; compile and report to the Ministry of Public Security and the People's Committee at the same level;

đ) Periodically summarize and evaluate the implementation of educational measures at communes, wards, and towns for juvenile offenders within the entire province or centrally-administered city;

2. Responsibilities of the Criminal Enforcement Agency of the Public Security Force at the district level:

a) Advise and propose the Head of the Public Security Force at the district level and the People's Committee at the district level to direct and guide the People's Committee at the commune level, social organizations, schools, and individuals to perform tasks of receiving, supervising, educating, and assisting persons under education at the local level;

b) Coordinate with relevant agencies, departments, mass organizations, and social organizations to mobilize enterprises, production bases, businesses, individuals to support and create conditions for persons under education to study culture, learn trades, provide capital support, and introduce jobs;

c) Coordinate with relevant agencies, organizations, and functional units to direct, guide, inspect, and urge the People's Committee at the commune level, the Public Security Station at the commune level, social organizations, schools, and individuals in supervision, education, and assistance to persons under education;

d) Advise and propose the Head of the Public Security Force at the district level to direct functional units and forces in guiding persons under education to complete procedures for registering permanent residence, temporary residence, lodging notification, temporary absence declaration, and issuance of Identity Cards. Consider and resolve requests from persons under education to change place of residence according to Article 11 of this Decree and laws on residence;

đ) Review and verify proposals to terminate the application period of educational measures at communes, wards, and towns for juvenile offenders; process certificates confirming completion of educational measures at communes, wards, and towns for persons under education in accordance with the Criminal Enforcement Law and Articles 12 and 13 of this Decree;

e) Develop plans and organize training and enhancement on the implementation of educational measures at communes, wards, and towns for juvenile offenders; contents, methods, and skills in supervising, educating, and assisting persons under education within their local jurisdiction;

g) Periodically or upon request, compile data, situations, assess causes, and results of the implementation of educational measures at communes, wards, and towns for juvenile offenders within their local jurisdiction, report to the People's Committee at the same level and the superior Criminal Enforcement Agency;

3. Responsibilities of the Public Security Station at the commune level:

a) Assign officers or public security officers to cooperate with social organizations, schools, and assigned individuals to supervise and educate persons under education in management, education, and assistance to persons under education;

b) Assist the People's Committee at the same level, designated social organizations, and schools in monitoring and overseeing the execution period of educational measures at communes, wards, and towns for juvenile offenders; monitor absences from place of residence and changes in place of residence of persons under education. Receive persons under education transferred from other places to reside temporarily or temporarily absent from their place of residence and evaluate their compliance with the law during their stay in the locality;

c) Guide and assist persons under education in completing procedures for registering permanent residence, temporary residence, lodging notification, temporary absence declaration, renewing, replacing, or reissuing Identity Cards;

d) Periodically or upon request, compile data, situations, assess causes, and results of the implementation of educational measures at communes, wards, and towns for juvenile offenders within their local jurisdiction, report to the People's Committee at the same level and the superior Criminal Enforcement Agency;

đ) Prepare initial files and assist designated agencies, organizations, and individuals in managing, collecting materials, supplementing enforcement files, and tracking the progress of persons under education in accordance with Article 7 of this Decree.

Section 2

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, INDIVIDUALS, AND FAMILIES IN SUPERVISING AND EDUCATING PERSONS UNDER EDUCATION

Article 19. Responsibilities of Commune-level People's Committees

1. Propaganda and disseminate the purpose, content, and significance of implementing educational measures at commune, ward, town level for juvenile offenders to eliminate discrimination and unfair treatment towards those being educated; encourage agencies, organizations, individuals, and families to participate in education and assistance for those being educated.

2. Receive files and direct the organization of supervision, education, and assistance for those being educated.

3. Designate individuals with conditions and capabilities as stipulated in Clause 1, Article 8 of this Decree to directly supervise, educate, and assist those being educated.

4. Coordinate with social agencies, schools, individuals, and families in supervising and educating those being educated.

5. Require those being educated to fulfill all commitments and obligations; take educational measures, assistance, preventive, and curative actions when those being educated show signs of violating the law.

6. Directly or authorize the Head of the Commune Police Station to implement regulations regarding the absence of those being educated at their place of residence or relocation according to Articles 10 and 11 of this Decree and the Law on Residence.

7. Commend or prepare a file to propose competent state authorities to reward those being educated who have made significant progress or achieved merit. Propose termination of the implementation period of educational measures at commune, ward, town level for those being educated according to Article 12 of this Decree.

8. Provide written comments on the performance of those being educated when they move to another location.

9. Administer administrative penalties or propose competent authorities to administer administrative penalties or apply other administrative handling measures against those being educated for violations of the law according to the law on administrative violations.

10. Resolve complaints and denunciations regarding the implementation of educational measures at commune, ward, town level for juvenile offenders according to the law on criminal enforcement.

11. Regularly or upon request, conduct statistics and report to competent criminal enforcement agencies about the situation and results of implementing educational measures at commune, ward, town level for juvenile offenders.

12. Manage, use, collect materials, supplement execution files, and monitor the progress of those being educated according to Article 7 of this Decree.

13. Allocate the commune budget according to the State Budget Law to implement the work of enforcing educational measures at commune, ward, town level for juvenile offenders.

Article 20. Responsibilities of agencies, organizations, and schools assigned to supervise and educate those being educated

1. Assign personnel from their agency or organization or individuals with conditions and capabilities as stipulated in Clause 1, Article 8 of this Decree to directly perform the tasks of supervision, education, and assistance for those being educated.

2. Take the lead in implementing or propose to the People's Committee of the commune, agencies, and organizations appropriate forms of support and assistance for those being educated in studying, finding employment, obtaining production and business loans, and stabilizing their lives.

3. Regularly inspect, monitor, and exchange with the personnel assigned to supervise and educate and the family of those being educated to understand their situation and progress.

4. Promptly assist and encourage those being educated to resolve difficulties and obstacles in complying with educational measures and in their daily life.

5. Closely coordinate with the People's Committee, Commune Police Station, schools, and social organizations, mass organizations, grassroots community units, and families to organize cultural and sports activities, movements to protect national security, public order, social safety, anti-social evils, and other healthy recreational activities, assisting those being educated to become useful members of society.

6. Examine and propose to the People's Committee of the commune, criminal enforcement agencies of the county police station to propose the competent court to terminate the implementation period of educational measures at commune, ward, town level for those being educated according to Article 11 of this Decree and the Law on Residence.

7. Consider and propose to the People's Committee of the commune, criminal enforcement agencies of the county police station to propose the competent court to terminate the implementation period of educational measures at commune, ward, town level for those being educated according to Article 12 of this Decree.

8. Regularly or upon request, report to the People's Committee of the commune on the situation and results of supervision, education, and study and self-cultivation of those being educated.

9. Manage, use, collect materials, supplement execution files, and monitor the progress of those being educated according to Article 7 of this Decree.

Article 21. Responsibilities of those directly supervising and educating

1. During the period assigned to directly supervise and educate the person under education, the supervisor has the responsibility to:

a) Regularly meet with the person under education and their family to understand their thoughts, wishes, reasons, circumstances, and motives leading to the violation of laws; guide the person under education to comply with laws, fulfill their rights and obligations, prepare reports, self-criticism statements, and commitments to correct mistakes;

b) Propose the People's Committee at the commune level, social organizations, schools, relevant agencies, and organizations to take specific measures to manage, educate, and assist the person under education in studying, finding employment, producing, trading, registering permanent and temporary residence, issuing Identity Cards, issuing criminal record certificates, participating in community activities, and resolving difficulties to stabilize their life;

c) Coordinate with the police station at the commune level, civilian defense forces, residential groups, villages, hamlets, wards, and families of the person under education to manage, educate, and assist them;

d) Consider and resolve issues related to the absence of the person under education from their place of residence, report and propose transferring the place of residence for the person under education according to the provisions of Articles 10 and 11 of this Decree;

đ) Periodically assess and evaluate the compliance with policies, laws, local regulations, fulfillment of obligations, and progress of the person under education;

e) Report and propose the termination of the term of educational measures at the commune, ward, town level for the person under education who meets the conditions and standards stipulated in Article 12 of this Decree;

g) Timely detect and inform the People's Committee, police station at the commune level, or social organizations, schools about the signs, attitudes, and behaviors violating laws of the person under education to prevent, manage, and educate appropriately and handle strictly according to the law;

h) Regularly or upon request report to the People's Committee at the commune level, social organizations, and schools on the implementation of educational measures at the commune, ward, town level for juvenile offenders as prescribed;

2. The person assigned the responsibility to supervise and educate shall participate in training courses and receive allowances for non-professional staff at the commune level, and be prioritized for exemption or reduction of other obligations according to the law and local regulations;

Article 22. Responsibilities of the Family of the Person Under Education

1. The family of the person under education has the responsibility to coordinate with the People's Committee at the commune level, organizations, schools, and the person assigned to supervise and educate to encourage, educate, assist, and create conditions for the person under education to study, find employment, and fulfill their rights and obligations;

2. Must be present at the notification meeting regarding the implementation of educational measures at the commune, ward, town level for the person under education and at the self-criticism meeting of the person under education as required by the People's Committee at the commune level, social organizations, schools, and individuals assigned to supervise and educate;

3. Report the results of the person under education's compliance to the People's Committee at the commune level, social organizations, and schools assigned to supervise and educate when requested; promptly detect and inform the authorities and local functional agencies about the signs and behaviors violating laws of the person under education;

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Decree takes effect from April 10, 2012, and replaces Government Decree No. 59/2000/NĐ-CP dated October 30, 2000, which stipulates educational measures at the commune, ward, town level for juvenile offenders;

Article 24. Responsibility for Implementation

1. The Ministry of Public Security is responsible for guiding, monitoring, and inspecting the implementation of this Decree;

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally-administered city People's Committees within their respective functions, tasks, and powers are responsible for implementing this Decree./.